...
Original Contribution by Dr. Ramin Moschtaghi, Berlin, former raporteur for Afghanistan and Iran at the Max Planck Institute for comparative public law and international law in Heidelberg for several years, and author of a doctoral thesis on the human rights situation of Sunni Kurds in Iran.
| Panel |
|---|
Although having some significance within Iranian legal science the principle of the rule of law (hākemiyat-e qānun) and the aspects generally associated with it remain largely absent from Iranian constitutional doctrine. Instead the latter is characterised by the prevalence of the rule of Sharia (hākemiyat-e shari'at) in its specifically Shiite interpretation of the so called velāyat-e faqhih, i.e. the guardianship of a senior religious scholar over all execution of state power in order to ensure its compatibility with Sharia. The principle of velāyat-e faqhih and its repercussions run like a red thread through the Iranian constitution and supersede all traces of hākemiyat-e qānun. |
I. The Principles of hākemiyat-e qānun and velāyat-e faqhih
...
